President’s weekly report — September 5, 2014

Water rights and the public trust doctrine going underground We filed this amicus letter brief in Environmental Law Foundation v. State Water Resources Control Board asking the California Supreme Court to review a disturbing opinion from the Court of Appeal. Historically, the … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

President’s weekly report — June 6, 2014

Environment — No trust in the air The D.C. Circuit issued this short unpublished per curiam decision in Alec L. v EPA, beating back a strange attempt to assert a “public trust” in the air.  This case seems to have been brought more … Continue reading

Dear Prof. Kalo: novel theories cannot strip North Carolina’s dry beaches of their private character

If you have ever walked along North Carolina’s ocean beaches or even seen photos, you will notice that there are many beach cottages on, or immediately adjacent to, the dry sand areas of the beach. This is because the dry … Continue reading

Groundwater and the public trust doctrine, continued

Earlier this month, the Sacramento Superior Court held a hearing in Environmental Law Foundation v. State Water Resources Control Board, in which the environmentalist plaintiffs are seeking an expansion of the public trust doctrine to groundwater extraction that negatively affects … Continue reading

President’s weekly report — February 28, 2014

Water Rights — The Public Trust Doctrine and The Blob In 1958 American audiences first saw Steve McQueen as a teenager trying to save his town from The Blob, the ever-expanding amoeba-like alien monster that threatened to engulf everything in its path.  … Continue reading

The public trust doctrine and groundwater

This week, Pacific Legal Foundation filed an amicus brief in Environmental Law Foundation v. State Water Resources Control Board.  The brief, filed on behalf of the California Farm Bureau Federation, addresses the constitutional consequences of applying the public trust doctrine to … Continue reading